Hi Several months ago my broadband went down and BT advised me to use a free trial disk from aol to 'get me through the weekend' until my broadband was back up and running. I went to Asda and got a free trial disk. I signed up and gave my bank details as it wouldn't allow you to use the free trial without craeting the direct debit first! Anyway, did that and used aol for less than 24 hours. My bt broadband kicked back into action so I uninstalled aol and cancelled my direct debit with them. 2 weeks ago I had a letter from aol asking me for £15.99 for services I hadn't paid for. I called them and explained that I used the aol services for less than 24 hours and the chap from aol confirmed to me that aol had been used once and not touched since then. I told him I wouldn't pay because i'd used a free trial. He said that it was in the terms and conditions that I had to put it in writing to them that I wanted to cancel my contract with them. I told him I hadn't seen that and I thought it was a bit unfair to claim free trial when the majority of people would end up having to pay. He told me that most adults would've fully read the terms. I admit it is my own fault for not reading the terms properly, but they have confirmed I didn't use their services so surely that means something? Has anyone got any advice or am I in the wrong? Thanks

Hi Marksgirlie I was in the same boat as you. Had charges dating back, but since then my account was with a debt management company, as was my loan. I owed £5K on my loan, and £350 overdraft on my current account. I fought my corner. In the end Natwest closed my accounts down, stating that any money left in my account by the end of the month would belong to them to pay off my debt. But they sent me a cheque. They made the cheque payable to 'kenny99 into account number 12345678' which was my Natwest current account. They did this knowing that I would have to pay it into that account and they would be entitled to all of it. I called up my new bank and they agreed to bank it. I didn't stop proceedings until the cheque had cleared, and it did clear straight into my other account! The fact that you have defaulted and repaying debt shouldn't affect your claim. They have applied those charges to you unlawfully...that's all that matters! Keep going, hope you get it sorted!

Thank you! You have both reassured me. I will update when I hear anything....I think someone said the average waiting time is 33 days from filing AQ...so approx 16th Jan??? Now, to play the waiting game. Thanks again.

the bullet points haven't copied accross from Word properly. They were numbered, then a,b,c etc.

Yes, I put the following: Particulars of claim: The claimant has an account XXXXXXXXX with the Defendant During the period during which the account has been operating the defendant had debited numerous charges to the account in respect of purported breaches of contract on the part of the claimant. The claimant understands that the defendant contends that the charges were debited in accordance with the terms of the contract between itself and the claimant. A list of charges applied is attached to this form. The Claimant contends the: a) the charges debited to the account are punitive in nature, are not a genuine pre estimate of cost incurred buy the defendant, exceed any alleged actual loss to the defendant in respect of any breaches of contract on the part of the claimant, and are not intended to represent or are related to any alleged actual loss, but instead unduly enrich the defendant which exercises the contractual term in respect of such charges with a view to profit. b) The contractual provision that permits the Defendant to levy such charges in unenforceable by virtue of the Unfair Contracts Terms Act 1977 s.4 and under the Unfair Terms in Consumer Regulations 1999 and common law. Accordingly the Claimant claims: a) The return of the amounts debited in respect of charges to the sum of £x b) A declaration from this honorable court that the term of the contract leading to the application of the charges is unenforceable c) Interest pursuant to section 69 County Courts Act as set out on the attached list of charges or at such rate and for such periods the court deems just. Does that seem right? Thank you both for your replies.

Hi everyone I'm a bit of a silent member on these boards, I don't really tend to post much as pretty much all of my questions are answered in other posts...Anyway! Just wondering if I can ask a question of my own? I submitted my AQ last week at my local court, I completed it according to the templates on here. I have done everything according to this site so far. This morning I received a copy of Natwest's AQ from Cobbetts, it's taken me aback a little. In section G (other information) they have stated... .."the claimant has not shown that she has reasonable grounds for bringing the claim and despite the defendant requesting that the claimant remedy the lack of particularity pleased in the particulars of claim, the claimant has failed to do so. Case management directions cannot be proposed until the claimant fully particularises her claim. In light of this, the defendant may amend its defence or apply to strike out." What does this mean...have I done something wrong? I have included the spreadsheet of breakdown of charges with every letter. Can anyone help? Has anyone else had this statement? Thanks folks :-?

GGGGrrrrrrrrr, I'm not happy! My husband and I are both taking on cahoot. His claim is a few weeks ahead of mine, and he has received a 50% offer from them this morning. I filed my N1 form a few weeks ago, paid my £50 and felt happy about it all. Then yesterday I had a letter from the court saying that I had confused matters regarding who I was claiming against. Cahoot (as you all know) are part of Abbey National. Their official registered office address is Abbey National House. So on my N1 form I wrote Cahoot, Abbey National House, etc. The woman at the court said that I could either claim against Cahoot or Abbey National not both. My N1 form was identical to my husbands, and his was accepted, no questions! When I tried to tell the woman at the court about my husbands claim she said she wasn't legally trained and I would have to get legal advice! I did everything right as far as I know. I checked on here to clarify the correct address to issue the claim against. Has this happened to anyone else?

Hi I joined a well know gym three months ago after reading that they operate a creche facility within the building. My wife and I went along to view the gym and it's facilities and decided it would be worth the £76 per month joint membership. At the time we expressed our absolute need to use the creche as we have no other means of visiting the gym without childcare. We were told that the creche is fantastic and we'd be fine. Our son was teething at the time and was screaming the building down, so we were pretty eager to sign, pay and get away. Rather stupidly we listened to the membership salesman when he told us that the terms and conditions were 'fine' and contained 'no dodgy bits', we signed up and left. In the 3 months we have been able to visit the gym twice, due to not being able to get our son into the creche. They never answer the telephone, and if they do answer it they tell you it's fully booked. We tried to cancel our contract with the gym explaining that we can't visit as a result of the creche and can't warrant spending £76 per month to visit the gym once! They have written back to us stating that we signed the terms and conditions which explain that they will not be held responsible for the creche (plus cafe, sauna, etc). Can anyone offer any advice regarding this situation? They want the remaining annual membership paying. I have contacted Trading Standards today, but they basically said that if we signed the terms and conditions we're stuck. Any advice will be greatly received! Thank you

Hi, I've been reading these boards for inspiration for a while now, but have a question. The address on all paperwork from Cahoot is Friars House, Coventry. However, at the bottom of my last letter from them it says.. 'Registered Office: Abbey National House, 2 Triton Square, Regents Place, London, NW1 3AN' I am currently claiming against Natwest and was told to use their registered London address, so would Cahoot be the same? Sorry if the question has been asked before. Kenny